RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05700 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The educational debt be remitted. ________________________________________________________________ APPLICANT CONTENDS THAT: In 1992 he joined the Air Force Reserve. He underwent officer training and served all active duty rotations. In July 1998, he fell off the roof of his home sustaining severe life threatening injuries to his left thigh, leg and neck. During his third year of residency he became very sick and underwent 14 surgeries. He also went through extensive rehabilitation. His medical bills surpassed $360,000. Upon completion of his general residency, the Air Force requested that he be evaluated by a neurologist. The Air Force asked him if he wanted to stay in the Air Force, to which he responded that he did and he did not wish to enter the Disability Evaluation System (DES) nor did he wish to tender his resignation. Although he was told that he was not deployable, he received no communication from USAF officials regarding his status until after 2005 when he was sent his honorable medical discharge paperwork. He also received a bill for $44,908.54. He began paying; however, he did not know exactly what he was paying for and why he was given this debt. He later discovered that the Defense Finance and Accounting Service (DFAS) had sent his account to the Department of Treasury for collections, without first notifying him of the debt. He fulfilled his obligation to the USAF during his 13 years in the Reserves and he did not ask to be discharged. He has attached his contract that states only the Secretary of the Air Force or his designees may excuse his obligation to serve on active duty for the period specified in this agreement. If he fails to complete the period of agreement because of voluntary separation for any reason, or involuntary because of substandard performance, misconduct, morale or professional dereliction, he will reimburse the USAF in one lump sum for the total cost of advanced education paid for by the US Government. He voluntarily joined the USAF to honorably serve as a Medical Officer and despite having a horrible accident; he maintained that goal and commitment only to be discharged against his will. In support of the appeal, the applicant submits a personal statement, excerpts of his medical records and documentation from his master personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force Reserve who was relieved of his assignment effective 11 February 2005. On 9 February 2005, the Secretary of the Air Force ordered that he be separated from the Air Force with an honorable discharge. The Secretary also required the applicant reimburse the government for the funds expended on his education through the Armed Forces Health Professions Scholarship Program and Financial Assistance Program (HPSP/FAP). ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. The applicant signed his HPSP/FAP contract on 31 March 1992 in which he agreed to serve on active duty for four years and then incur a four year Reserve service commitment in exchange for financial assistance to attend medical school. He was active in HPSP from 1992-1996. He had an accident in 1998 that required prolonged hospitalization and multiple surgeries. On 29 July 2003, he was notified that he was being considered for administrative discharge due to medical reasons. The applicant stated on his Member’s Declaration that he would be unable to perform up to the standards set by the Air Force. The Fitness Review Panel recommended that he be discharge as he was “unfit.” He decided not to enter the DES and chose not to tender his resignation. He received a total of $44, 908.54 in educational assistance. The member’s disqualifying condition was not a result of misconduct or voluntary action on his part. However, his condition was not the fault of the government. The contract provided that in the event of his separation prior to serving on active duty, he would reimburse the government the cost of his advanced education. Taxpayers have provided money for his education, which will benefit him for years to come. The complete DFTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In a 5-page rebuttal, the applicant reiterates his original contentions and states that he has been treated poorly by the Air Force and supporting agencies. He does not feel he is liable for this debt as he did not voluntarily leave the Air Force, nor was his discharge the result of misconduct. He was never informed that he was on deferred status for eight years as a result of the HPSP program. Additionally, he never stated his condition was the fault of the government. He simply requests a fair decision after a thorough review of his supporting documentation. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After thoroughly reviewing the evidence of record and the applicant’s complete submission, we are not persuaded that a change in the record is warranted. We note the applicant signed a contract that stipulated that in the event the applicant separated prior to serving on active duty, he would reimburse the government the cost of his advanced education. While the applicant asserts he is not liable for this debt as he did not voluntarily leave the Air Force, we find the applicant has not established that he is a victim of an error or injustice caused by the Air Force or that he was treated differently than others similarly situated. We are not unsympathetic to the applicant’s situation, however, after reviewing all the evidence provided, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Accordingly, we find no compelling basis upon which to relieve the applicant of his obligation to reimburse the government for his education expenses ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05712 in Executive Session on 15 October 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Nov 12, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, ARPC/DPTT, 15 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13. Exhibit E. Letter, Applicant’s Response, 28 Jan 13, w/atchs.